Bill Text: NY S05538 | 2019-2020 | General Assembly | Amended

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Bill Title: Directs the commissioner of the office for people with developmental disabilities to conduct a study in consultation with the comptroller's office on whether it is feasible to allow the use of debit cards for residents' cash accounts to be used for facilities and service providers holding operating certificates.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2020-10-07 - SIGNED CHAP.234 [S05538 Detail]

Download: New_York-2019-S05538-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5538--A
            Cal. No. 182

                               2019-2020 Regular Sessions

                    IN SENATE

                                       May 6, 2019
                                       ___________

        Introduced  by  Sen.  BROOKS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Mental Health and Develop-
          mental Disabilities -- recommitted to the Committee on  Mental  Health
          and  Developmental Disabilities in accordance with Senate Rule 6, sec.
          8 -- reported favorably from said committee, ordered to first  report,
          amended  on  first  report,  ordered  to  a  second report and ordered
          reprinted, retaining its place in the order of second report

        AN ACT directing the commissioner of the office for people with develop-
          mental disabilities to conduct a study on the feasibility of  allowing
          the use of debit cards for resident's cash accounts; and providing for
          the repeal of such provisions upon expiration thereof

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. 1. The commissioner of the office for people with  develop-
     2  mental  disabilities shall conduct a study, in cooperation and consulta-
     3  tion with the comptroller's office, to determine the feasibility of such
     4  office authorizing the use of debit cards, as defined pursuant to subdi-
     5  vision 9 of section 511 of the general business law, for  cash  accounts
     6  of residents of facilities operated by such office to be used for facil-
     7  ities  and  service providers holding operating certificates pursuant to
     8  section 16.03 of the mental hygiene law.
     9    2. Such study shall include, but not be limited to, an examination  of
    10  whether  the use of debit cards for residents' cash accounts would be in
    11  conflict with any provisions of the state finance law  or  federal  law,
    12  the  impact  that  banking fees would have on the individual finances of
    13  each resident,  the  impact  that  banking  fees  would  have  on  state
    14  finances, and what effect would result from shifting funds from individ-
    15  uals  served by the office for people with developmental disabilities to
    16  the financial industry.
    17    3. Upon completion of such study, but no later than December 31, 2021,
    18  the commissioner of the office for people with  developmental  disabili-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11271-03-0
        S. 5538--A                          2

     1  ties  shall  issue  a  report based on the findings of such study to the
     2  governor, the temporary president of the  senate,  the  speaker  of  the
     3  assembly,  the commissioner of mental health, and the comptroller, which
     4  shall include, but not be limited to:
     5    (a) the findings of such study;
     6    (b) potential ways to resolve any conflicts with the state finance law
     7  and federal law;
     8    (c) viability and numbers of vendors in the marketplace; and
     9    (d)  any additional financial implications that authorizing the use of
    10  debit cards for residents' cash accounts would have  on  individuals  or
    11  the state.
    12    §  2.  This  act shall take effect immediately and shall expire and be
    13  deemed repealed January 1, 2022.